Section 242: Proceedings before a civil court where persons suspected of illegal absence

(1) Where a person who is brought before a magistrate's court is alleged to be a person subject to service law under this Act who has deserted or is absent without leave, the following provisions of this section shall have effect.
(2) If the person admits that he is illegally absent from the Armed Forces and the court is satisfied of the truth of the admission, then-
(a) unless he is in custody for some other cause, the Court shall; and
(b) notwithstanding that he is in custody for some other cause, the Court may,
forthwith either cause him to be delivered into service custody in such manner as the Court may think fit or commit him to a prison, police station or any other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the Court may specify (not exceeding such time as appears to the Court reasonably necessary for the purpose of enabling him to be delivered into service custody) or until sooner delivered into such custody.
(3) The Court may, from time to time, extend any time specified by it under subsection (2) of this section, if it appears to the Court reasonably necessary so to do for the purpose specified in that subsection.
(4) If the accused does not admit that he is illegally absent or the Court is not satisfied of the truth of the admission, the Court shall consider the evidence and any statement of the accused and if-
(a) satisfied that he is subject to service law under this Act; and
(b) of the opinion that his being so tried for an offence of desertion or absence without leave is justified by the evidence which is available,
the Court shall, unless he is in custody for some other cause, cause him to be delivered into service custody or commit him as specified in subsection (2) of this section, but otherwise shall discharge him, provided that if he is in custody for some other cause the Court shall have power, but shall not be required to act, in accordance with this subsection.
(5) When proceedings are taken in a magistrate's court under this section, the law applicable in that Court-
(a) in relation to the constitution and procedure of magistrates' courts holding preliminary inquiries and conferring powers of adjournment and remand on the Courts so acting; and
(b) as to evidence and issue and enforcement of summonses or warrants to secure the attendance of witnesses,
shall apply to those proceedings.